| Parviz Noghrey v Town of Brookhaven |
| Motion No: 2012-680 |
| Slip Opinion No: 2012 NY Slip Op 84608 |
| Decided on September 18, 2012 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Parviz Noghrey,
Respondent-Appellant.
v
Town of Brookhaven, et al.,
Appellants-Respondents.
On the Court's own motion, appeal by Town of Brookhaven, et al. and appeal by Parviz Noghrey dismissed, without costs, upon the ground that the order and judgment appealed from does not finally determine the action within the meaning of the Constitution. Forms of relief within a single cause of action cannot be expressly or impliedly severed (see times.ttf Burke v Crosson, 85 NY2d 10, 18 n 5 [1995]). The unresolved items of relief render the order and judgment nonfinal.
Motion to modify statutory stay denied.